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South Africa decisions
Decisions matching the current search
Mthethwa v S (AR361/2022) [2025] ZAKZPHC 41 (2 May 2025)
The High Court found the appeal record incomplete and ordered transcription or reconstruction of missing proceedings before the appeal could continue.
Mabyane v Moerane and Another (CIV APP MG28/2023) [2025] ZANWHC 68 (31 March 2025)
The High Court removed a civil appeal from the roll because the record was incomplete and illegible, and the appellant had not provided security for costs.
S v Masemola and Others (CC131/2006;A121/2022) [2023] ZAGPPHC 632 (31 July 2023)
The High Court postponed a criminal appeal sine die and sent the matter back to the trial court to further reconstruct a missing trial record.
Collins and Others v Minister of Police (A290/2021) [2023] ZAGPPHC 49 (3 February 2023)
Appeal removed from the roll pending reconstruction of an incomplete magistrates’ court record and directions for obtaining proper reasons, if needed.
Gabani v S (CA&R 24/2018) [2020] ZAECBHC 20; 2021 (1) SACR 562 (ECB) (7 September 2020)
Appeal against a rape conviction succeeded because the trial record was materially incomplete, the evidence was unreliable, and the conviction and sentence were set aside.
Schoombee and Another v S (CCT154/16) [2016] ZACC 50; 2017 (5) BCLR 572 (CC); 2017 (2) SACR 1 (CC) (15 December 2016)
The Constitutional Court dismissed a leave to appeal application, holding that a reconstructed criminal trial record was adequate for a fair appeal despite an imperfect reconstruction process.
Khoza v S (AR286/10) [2010] ZAKZPHC 54 (21 September 2010)
The appeal cannot proceed due to the incomplete record, which prejudices the appellant's right to a fair appeal hearing. The Clerk of the Court at Ixopo failed in their statutory duty to prepare and furnish a complete record. The matter must be postponed to allow for reconstruction of the record, with the Clerk directed to provide explanations and best evidence regarding the missing portions, and to follow guidance from relevant case law. This approach is necessary to safeguard the appellant's constitutional rights and ensure proper administration of justice.
Source excerpt
Department of Justice v Hartzenberg (JA16/00) [2001] ZALAC 7; 2002 (1) SA 103 (LAC); [2001] 9 BLLR 986 (LAC); (2001) 22 ILJ 1806 (LAC) (5 June 2001)
The Labour Appeal Court set aside the Industrial Court’s orders and remitted the matter for a de novo rehearing because the appeal record could not be properly reconstructed.
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